The length of the notice period is, pursuant to Article 36 § 1 of the Labour Code, dependent on the period of employment.
Foundations of the Regulation
Under the provisions of the Labour Code, the notice period for an employment contract varies depending on the length of the employee’s employment with a given employer. It may be:
- 2 weeks (where the period of employment is shorter than 6 months);
- 1 month (where the period of employment exceeds 6 months but is shorter than 3 years);
- 3 months (where the period of employment is at least 3 years).
How Are Periods of Employment Calculated?
Where an employee has only just commenced employment with a given employer, the position is straightforward — one must count the time elapsed from the commencement of employment under the employment contract. What, however, is the position where an employee is employed by the same employer for a subsequent time (following a break)? Or where a different entity has assumed the obligations of the previous employer?
A Break in the Period of Employment
In accordance with the well-established line of authority of the Supreme Court, it is accepted that, for the purpose of determining the period of employment relevant to the duration of the notice period, the entirety of employment with a given employer must be taken into account — regardless of when it took place and whether there were any breaks. In practice, this may mean that if one worked at a given establishment for 4 years, then had a 10-year break, and subsequently returned, one would be entitled to a three-month notice period from the very first day of re-employment (since one’s aggregate length of service exceeds the statutory requirement of 3 years).
Legal Succession
That is not all. Periods of employment may also be “transferred” between employers. If a change of employer occurred pursuant to Article 23(1) of the Labour Code (that is, in a situation where the new employer took over the establishment from the previous one), or where a new entity otherwise became the legal successor (następca prawny) of the previous employer, the period of employment is likewise treated as continuing. Accordingly, even if one was employed by company A and is now entering into a contract with company B, one may be entitled to a longer notice period from the outset, provided that company B assumed the obligations of the employer from company A.